DAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 23/6/2025 passed by Appellate Authority whereby appeal against order of dismissal from service has been rejected.

(2.) The petitioner joined Punjab Police force as Constable on 22/12/2011. He was implicated in FIR No.129 dtd. 3/5/2017 under Ss. 22 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sarmala, District Ludhiana. Vide order dtd. 4/5/2017, he was placed under suspension. Senior Superintendent of Police, Kapurthala while exercising powers under Rule 16.2 of Punjab Police Rules, 1934 (for short 'PPR') vide order dtd. 29/1/2019 dismissed him from service. He preferred appeal before Inspector General of Police ('IGP') which came to be dismissed vide order dtd. 5/8/2019. He faced trial and came to be acquitted vide judgment dtd. 5/3/2024 passed by Trial Court. After acquittal, he preferred appeal before the Director General of Police ('DGP'), Punjab to reinstate him in the light of judgment of acquittal passed by Trial Court which has been rejected vide impugned order dtd. 23/6/2025.

(3.) Learned counsel for the petitioner submits that petitioner was acquitted vide judgment dtd. 5/3/2024 passed by learned Trial Court. The said judgment was never challenged, thus, has attained finality. The Trial Court found material irregularities in the investigation and prosecution could not establish its case beyond reasonable doubt. In view of findings of Trial Court, petitioner's case is squarely covered by Rule 16.3 of PPR. The respondent was duty bound to reinstate him in view of his honourable acquittal. He was not acquitted on technical grounds.